A public entity covered by Title II of the Americans with Disabilities Act (ADA) is defined as: Any State or local government, Any department or agency of State or local government, Certain commuter authorities, AMTRAK.
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- Glossary: Fundamental AlterationA modification that is so significant that it alters the essential nature of the goods, services, facilities, privileges, advantages, or accommodations offered. If a public entity can demonstrate that the modification would fundamentally alter the nature of its service, program, or activity, it is not required to make the modification. If a public accommodation (private entity) can demonstrate that a modification would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations it provides, it is not required to make the modification.
- Glossary: Program AccessA public entity's services, programs, or activities, when viewed in their entirety, must be readily accessible to and usable by individuals with disabilities.
- Glossary: Reasonable modificationA public entity must modify its policies, practice, or procedures to avoid discrimination unless the modification would fundamentally alter the nature of its service, program, or activity.
- Glossary: Title IIOf the five titles of the Americans with Disabilities Act (ADA), Title II of the ADA pertains to State and Local Government (public entities). ADA Title II requires agencies to comply with regulations similar to Section 504 of the Rehabilitation Act. These rules cover access to all services, programs, or activities offered by the public entity, and extends coverage to public transportation entities. Access includes physical access described in the Uniform Federal Accessibility Standards or the ADA Standards for Accessible Design and access that might be obstructed by discriminatory policies or procedures of the entity.
- Glossary: Undue financial and administrative burdenA public entity does not have to take any action that it can demonstrate would result in an undue financial and administrative burden. This applies in program accessibility, effective communication, and auxiliary aids and services. The determination of a undue financial and administrative burden must be: Made by the head of the public entity or his/her designee, Accompanied by a written statement of the reasons, Based on all resources available for use in the program.